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FRANKLY LEGAL - ACCIDENTS ABROAD

6th July 2007

Traditionally, claiming compensation for accidents in another country has been fraught with difficulty.

Recent changes in UK and European law mean that it is now much easier to pursue holiday accident compensation claims and many of these can now be done in Scotland, rather than having to go through agents in the country where the accident happened.
 
Scottish people involved in a holiday accident and injured abroad while on an all-inclusive or package holiday can claim against their Tour Operator in Scotland for the negligent acts or omissions of the Tour Operator’s foreign supplier or agent. 

If an accident occurs outside the holiday resort or where the holiday is not a package holiday, an injured person may still be able to make a claim for compensation by pursuing legal action abroad.

Motor traffic accident claims abroad are covered by the 4th EU Motor Directive, which was brought in to make claims easier by giving new rights to people who have been injured in a road traffic accident in the European Union. Redress can now pursue your claim in Scotland against the insurer of the person responsible for the accident.

Plane crashes can happen anywhere in the world but the location of the accident is often not as important as the place where the passenger lives and where the decision is made to take legal action for accident compensation. Redress can help you persue claims abroad from Scotland.

It can be difficult for Scottish travellers to bring a claim for accident compensation.

That’s why you need the expertise of Redress our skilled specialist accident lawyers who have helped thousands of victims claim the personal injury compensation they deserve in Scotland.

Tips and advice for Holiday Accident Claimsprovided by Patrick Maguire, Partner, accredited personal injury specialist who has dealt extensively with accidents abroad including tragic bus crashes in France and the Canaries, and Stockline.

1. Contact your travel insurers who should provide a 24 hour emergency service to pay medical fees and to make arrangements to send you home if necessary.
   
   
2. Report the holiday injury to your doctor because it could become more serious. You should do this even if the injury seems minor. If you subsequently go to court to get compensation for the injury, the doctor will be asked to provide a medical report. Remember medical evidence for claims abroad is required in the form of a physician’s statement.
   
   
3. Report the accident to the local police if you were involved in a road traffic accident. Keep any documentation.
   
   
4. Gather evidence about the holiday accident and injuries. For example, it may be useful to take photographs of the scene of an accident and of what caused the injury. You should also, if possible, write an account of the incident while details are still fresh in your mind. If there are witnesses, you should make a note of their names and addresses.
   
   
5. Court proceedings must be commenced within 3 years of the date on which you had your accident otherwise any rights to damages you may have had will automatically be extinguished.  There are also specific time limits which may apply to other countries which may be less than 3 years.  There are also very strict time limits regarding aircraft accidents and accidents at sea.  The time limit for children and those with mental incapacity may vary. For time limits in fatal cases see Fatal Injuries section.
   
   
6. Contact a specialist personal injury and accident abroad solicitor at Redress as soon as possible after the accident.

Remember, even if you’re not sure, Redress can still advise you free of charge at this stage and are here to help you with any questions you may have.